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Joseph S. De Amorin, Esq.

Free Initial Consultation ........ 973-344-7717

Providing legal services for over 25 years

1. What is adjustment of status?
2. What is lawful permanent residence?
3. What are the penalties for overstaying a visa?
4. What is an affidavit of support?
5. What is a priority date?


1. What is adjustment of status?
A. Adjustment of status is the process of obtaining lawful permanent resident status in the United States without having to leave the United States to do so.


2. What is lawful permanent residence?
A. It is the authority given by the United States allowing an immigrant to reside and be employed in the United States. It is also known as obtaining a Green Card.


3. What are the penalties for overstaying a visa?
A. Generally, persons who overstay their visa and leave the US will be barred from returning to the US as follows: a) For an overstay of more than 6 months and less than one year a person will be barred from returning for three years. b) Persons who overstay their visas for more than one year are barred from re-entering the US for 10 years. Of course there are other penalties for staying in the US beyond authorization, including removal procedures. There are exceptions to the three and ten year bar and it is best to consult an attorney.


4. What is an affidavit of support?
A. It is a document used mainly in family immigration matters signed by the sponsor, promising to financially support the beneficiary seeking admission to the United States.


5. What is a priority date?
A. A priority date is a person’s position in line to apply for an immigrant visa. The priority date for a person applying for family based immigration is the date when the petition is filed with the immigration service or submitted to a consulate. In employment based immigration the priority date is generally the date that the labor certificate is received by the Department of Labor.



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